Custodial Death: Tripura High Court Orders ₹10 Lakh Compensation For Family Members Of 27 Year Old Victim

The Tripura High Court on Wednesday directed the state government to pay a compensation of Rs 10 lakh to the family members of Jamal Hossain, who allegedly died due to custodial torture in police lockup.

The Bench of Chief Justice Indrajit Mahanty and Justice Satya Gopal Chattopadhyay ordered that the widow, children, and mother of the deceased shall be entitled to an equal share of the amount of compensation.

The case in brief 

27 years old Jamal Hossain (Victim) was serving as a Cleaner in Dubai and came home in the month of September 2021 to enjoy his vacation with his family consisting of his mother, wife, and children.

He was scheduled to return to Dubai on September 22, 2021, however, on September 14, 2021, at about 11.30 pm a police team consisting of 6/7 police personnel came to his house, caught hold of him, and started beating him and thereafter, they took him to the police station.

The next day, the family members were informed that Hossain had died in the lockup.

It was alleged that as a result of the torture inflicted on him, Jamal Hossain, who was completely fit before his arrest, died in police lockup within a few hours of his arrest. The wife of the deceased also lodged a written FIR under Section 304 read with Section 34 IPC.

Moving to the court with the instant writ plea, the petitioners claimed compensation of a sum of Rs. rupees fifty lakhs and appropriate action against the persons who were responsible for the death of Jamal Hossain.

Court's observations

The Court took into account the averments made by the wife of the Victim in the FIR which was lodged immediately after the death of her husband in police lockup. The Court also noted that a magisterial enquiry into the matter had concluded that the Victim had been found dead inside the lockup.

The Court also took into account the statement made during the magisterial enquiry by one Ranjit Debnath, who was in the same lockup with deceased Jamal Hossain as an accused in another case.

He told that he had heard the loud painful voice of the victim when he was brought to the police station. It was further told by him that Jamal continued crying over a quite long period of time. He was complaining of severe chest pain.

When he woke up in the morning, he noted that the Sentry guard was trying to wake Jamal, however, he did not respond to his call. Thereafter, the police officers entered the lockup. After a while, he came to know that Jamal Hossain died.

Taking into account the facts and circumstances, the Court came to the conclusion that the allegation of custodial torture of the deceased cannot be ruled out. The Court further observed that the mother, as well as the wife of the deceased, were present when deceased Jamal Hossain was arrested and they had made categorical statements implicating the police personnel.

"In these highly suspicious facts and circumstances of the case custodial violence on the deceased, as alleged, cannot be brushed aside. Having said so, we are of the view that it would not be inappropriate to award a reasonable amount of monetary compensation to the petitioners for the death of Jamal Hossain in police lockup," the Court further remarked.

Accordingly, the Court directed the state respondents to pay a sum of Rs Ten lakhs as compensation to the petitioners for the custodial death of Jamal Hossain by depositing the said amount with the Registry of this Court within a period of four weeks.

Case title - Rasheda Khatun and others v. State of Tripura and others

Citation : 2022 LiveLaw (Trip) 14

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